Can I convert my national application filed under 35 U.S.C. 371 to an application under 35 U.S.C. 111(a)?

Yes, it is possible to convert a national application filed under 35 U.S.C. 371 to an application filed under 35 U.S.C. 111(a), and vice versa. This process requires filing a petition under 37 CFR 1.182. According to MPEP 1002.02(p): “Petitions under 37 CFR 1.182 to convert a national application which was filed under 35 U.S.C.…

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What happens if the basic national fee is not paid within 30 months from the priority date in a U.S. national stage application?

If the basic national fee is not paid within 30 months from the priority date in a U.S. national stage application, the consequences can be severe. According to MPEP 1893.03(b): “If the basic national fee is not paid within 30 months from the priority date, the application is abandoned.” This means that failure to pay…

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How can a U.S. national stage application claim benefit under 35 U.S.C. 119(e) of a prior U.S. provisional application?

To claim benefit under 35 U.S.C. 119(e) of a prior U.S. provisional application in a national stage application, the following requirements must be met: The national stage application must comply with 37 CFR 1.78(a). The provisional application must have a filing date and the basic filing fee must have been paid within the specified time…

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How can a U.S. national stage application claim benefit under 35 U.S.C. 120 and 365(c) of a prior application?

To claim benefit under 35 U.S.C. 120 and 365(c) of a prior filed copending nonprovisional application or prior filed copending international application designating the United States, the national stage application must meet these requirements: Comply with 37 CFR 1.78(d). The prior application must name at least one inventor also named in the later filed international…

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How is the certified copy of the priority document handled in a U.S. national stage application?

The certified copy of the priority document in a U.S. national stage application is typically handled through the International Bureau. According to the MPEP: “Where applicant has complied with PCT Rule 17, the International Bureau will forward a copy of the certified priority document to each Designated Office that has requested such document with an…

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Who can be the applicant for a U.S. national stage application?

The applicant for a U.S. national stage application depends on the international filing date: For applications with an international filing date on or after September 16, 2012: According to 37 CFR 1.42, the applicant may be: The inventor(s) The legal representative of a deceased or legally incapacitated inventor The assignee The obligated assignee (person to…

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